fooled again

Senator Susan Collins has developed a pattern.

She speaks in strong terms about her objections to certain actions and proposals of Trump, but after making a good case why she will vote against these, she votes for them and explains the “reasons” for this sudden turn.

It is clear that, in the final moment, she will do the opposite to what she says she will.

In spite of his protestations of neutrality, during his confirmation hearing Brett Kavanaugh assured the committee and those watching in the room and at home that he would respect previous precedent and not seek to erode abortion rights, he has done the opposite.

Few, however, were convinced that his words would be backed by his actions.

Susan Collins assured her constituents and women country wide that she would only support him if  Kavanaugh stood by his word.

But, Kavanaugh’s past actions made it obvious he would most likely vote to restrict reproductive rights.

When she voted for him, Collins explained her vote saying,

“To my knowledge, Judge Kavanaugh is the first Supreme Court nominee to express the view that precedent is not merely a practice and tradition, but rooted in Article III of our Constitution itself. He believes that precedent ‘is not just a judicial policy … it is constitutionally dictated to pay attention and pay heed to rules of precedent.’ In other words, precedent isn’t a goal or an aspiration; it is a constitutional tenet that has to be followed except in the most extraordinary circumstances.”

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In 2016 the Supreme Court struck down a similar Texas law that would have put medically-unnecessary restrictions on doctors who perform abortions in a five-to-three decision.

Obviously, Kavanaugh did not respect previous precedent and did seek to erode abortion rights in spite of Senator Collins’ assurances.

The Louisiana law would require abortion providers to have admitting privileges at nearby hospitals, and this restriction, as with the Texas one, would result in the closing of many clinics, and this would place an undue burden on women.

There is little practical difference between making something illegal and making something legal but next to impossible to be implemented.

You can’t drive without a driver’s license, but getting one can be made next to impossible if a state closes all but one registry.

Kavanaugh wrote in his dissent that the law should be implemented now so it would be possible to find out how many abortion clinics and providers survive the new restrictions.

Rather than prevent damage, he feels the best approach is to let the damage be done, and then assess if it is as bad, or worse than expected.

Kavanaugh has praised former chief justice William Rehnquist’s dissent from the 1973 Roe v. Wade decision, dissented his federal appeals court’s 2017 decision allowing an undocumented teenager in government custody to get an abortion, but got Collins’ support when he said at his hearing that the Supreme Court decisions legalizing and affirming abortion rights was “precedent on precedent.”

Collins bought Kavanaugh’s claim that precedent “is not just a judicial policy … it is constitutionally dictated to pay attention and pay heed to rules of precedent”, and Kavanaugh sold her a bill of goods and can now help make legal decision based on his conservative politics and religious beliefs to the detriment if the civil rights of citizens who do not fall into either.

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